YCJA - Senior High Handout #401, 10010 105 Street Edmonton, AB T5J 1C4 (780) 428-7590 http://www.johnhoward.org The Edmonton John Howard Society [no narration]

Youth Criminal Justice Act Y.C.J.A. YCJA - Senior High Handout Youth Criminal Justice Act Y.C.J.A. Legal Rights Basic Principles Extrajudicial Measures Sentences Publishing Youth Records The Youth Criminal Justice Act The youth criminal justice act or Y-C-J-A. This presentation covers the following topics: Legal Rights Basic Principles Extrajudicial Measures Sentences Publishing Youth Records

What Is the Youth Criminal Justice Act? YCJA - Senior High Handout What Is the Youth Criminal Justice Act? A Federal Law Applies to all youth in Canada from the ages of 12 to 17 Effective April 1, 2003 What Is the Youth Criminal Justice Act? The youth criminal justice act is a Federal Law which applies to all youth in Canada from the ages of 12 to 17. This law came into effect April 1, 2003

Why Do I Need to Know About the YCJA? YCJA - Senior High Handout Why Do I Need to Know About the YCJA? It is your right and responsibility, as a youth living in Canada, to know about the laws and criminal justice systems of this country. right responsibility Why Do You Need to Know About the YCJA? It is your right and responsibility, as a youth living in Canada, to know about the laws and criminal justice systems of this country.

YCJA - Senior High Handout Principles of the YCJA The YCJA lists clear principles and key goals to deal with youth who break the law. Principles of the YCJA The YCJA lists clear principles and key goals to deal with youth who break the law.

What Are the Basic Principles and Goals? YCJA - Senior High Handout What Are the Basic Principles and Goals? Accountability Rehabilitation Reintegration Consequences Protection of the Public Crime Prevention Purpose What are the Basic Principles and Goals: Purpose The purpose of the act focuses on the basic principles of accountability, rehabilitation of offenders, their reintegration into society, meaningful consequences, protection of the public, and crime prevention.

What Are the Basic Principles and Goals? YCJA - Senior High Handout What Are the Basic Principles and Goals? Unique Nature Of Youth Level of Maturity Fairness Rights And Privacy Timely Intervention. Emphasis What are the Basic Principles and Goals: Emphasis It emphasizes the unique nature of youth, in particular their level of maturity, and gives special consideration to fair treatment, protection of rights and privacy, and timely intervention.

What Are the Basic Principles and Goals? YCJA - Senior High Handout What Are the Basic Principles and Goals? Reflects Social Values Considers Social Cultural Developmental Situation Involves Community Social Agencies Family Victim What are the Basic Principles and Goals: Reflect, Involve, Consider The act is meant to reflect social values <click> while taking into account each individuals unique social, cultural and developmental situation, <click> and meaningfully involve the community, social agencies, family, and the victim in the rehabilitation and reintegration process.

What Are the Basic Principles and Goals? YCJA - Senior High Handout What Are the Basic Principles and Goals? compassion empowerment dignity Encourages respect participation What are the Basic Principles and Goals: Encourages The act encourages compassion, empowerment, respect, dignity, participation, and facilitating understanding by sharing information and offering support among the immediate parties involved. understanding support

YCJA - Senior High Handout Legal Rights From the time of arrest, all youth have the right: To know why they are being arrested To remain silent To talk to their parents or a trusted adult To be represented by a lawyer as soon as possible To have a parent/trusted adult or a lawyer with him or her if they choose to make a statement to the police Under the act, youth have a number of special legal rights. From the time of arrest, all youth have the right: To know why they are being arrested To remain silent To talk to their parents or a trusted adult To be represented by a lawyer as soon as possible To have a parent, trusted adult or a lawyer with them if they choose to make a statement to the police.

YCJA - Senior High Handout Do All Youth Who Commit Crime Have to Go to Court? Do All Youth Who Commit Crime Have to Go to Court?

Extrajudicial Measures YCJA - Senior High Handout Extrajudicial Measures …a way to deal with youth outside of the court system Police Take no further action Warning Police Caution Referral to a program Extrajudicial Measures If the police believe a youth has committed an offence, they may use their own judgement or discretion and give the youth an extrajudicial measure. The police must consider these measures before taking any other actions. The measures range from returning the youth to the care of a responsible adult and taking no further action, to issuing a warning or caution, or refer the youth to a program. The youth may also be referred to the crown who may issue a crown caution. Crown Crown Caution

YCJA - Senior High Handout Police Referrals Referrals may be made to: Child Welfare Youth Justice Committee Recreation Program Alcohol/Drug Treatment Program Counseling Agency Mental Health Program Police Referrals A Police Officer may refer the youth to a program or agency to address any areas of need. Some examples of programs or agencies they may refer the youth to are: Child Welfare A local Youth Justice Committee A Recreation Program An Alcohol or Drug Treatment Program A Counseling Agency Or a Mental Health Program

Extrajudicial Sanctions YCJA - Senior High Handout Extrajudicial Sanctions To be eligible, the youth must: Admit to committing the crime Be willing to participate in the program While involved in the extrajudicial sanction: The youth must follow specific rules or conditions Their behaviour will be monitored by a probation officer Extrajudicial Sanctions In cases where there is sufficient evidence against the youth, the police may refer the youth to the crown counsel or a youth justice committee where they may receive an extrajudicial sanction. To be eligible for this program, the youth must Take responsibility for their actions and admit to committing the crime . They must also be willing to participate in the program voluntarily. While involved in the extrajudicial sanction: The youth must follow specific rules or conditions such as maintaining a curfew and attending school. Their behaviour will also be monitored by a probation officer An extrajudicial sanction is a more serious response and will result in a two year police record. In many cases a charge may be laid which is only withdrawn if the youth successfully completes their sanction.

Extrajudicial Sanctions include… YCJA - Senior High Handout Extrajudicial Sanctions include… Issuing an apology to the victim Participating in Aboriginal cultural / spiritual activities Personal service for the victim Participating in a counseling or intervention program Writing an essay or poster Being supervised by a youth justice committee member Extrajudicial Sanctions Include… There are a number of extrajudicial sanctions a youth may receive. Extrajudicial sanctions are arrived at in consultation with a youth justice committee or with the crown. Types of sanctions include: having to give an apology to the victim Or to perform some Personal service for the victim. The youth may also be involved Writing an essay or creating poster, Doing community service work, Or Returning stolen property to the victim. Some youth might participate in Aboriginal cultural or spiritual activities or Participate in a counseling or intervention program The youth may also be supervised by a youth justice committee member. Some youth Participate in a victim reconciliation program or Make a donation to a registered charity. Doing community service work Participating in a victim reconciliation program Returning property to the victim Making a donation to a charity

YCJA - Senior High Handout The Court Process Charges Laid Court Appearance Plea Plead Not Guilty Plead Guilty Release Pending Trial Pre-Trial Detention The Court Process In cases where an extrajudicial measure or sanctions isn't sufficient to hold the youth accountable, the police may follow through with laying charges When charges are laid the youth will be required to make an appearance in court to enter a plea before a judge. When they make a plea, there are two options. One option is to plead guilty and receive a sentence. The other option is to they plead not guilty. If the youth pleads not guilty they may be released by making a promise to appear in court for their trial and to behave appropriately in the time leading up to the trial. The Judge may also set additional conditions to their release. In some cases a youth will be held in custody until their trial. This only applies to offences where custody is an option at sentencing, the youth presents a risk to the community, or there is a risk the youth will not return to court. If a youth is required to appear in court and does not appear they will face additional charges. At the trial the court determines weather the youth is guilty or not guilty of thee offence. If the court finds the youth not guilty, they are released and the charges are withdrawn. If the court finds them guilty, the youth will be sentenced. Trial Found Not Guilty Found Guilty Sentencing

YCJA - Senior High Handout Judge’s Decision When deciding on a Sentence for a youth a judge will take into consideration: The youth’s role in the offence. The impact of the youth’s actions on the victim. Actions the youth has taken to accept responsibility and be accountable for their actions. The youth’s previous involvement with the law. The youth’s circumstances that relate to the offence and their rehabilitation and reintegration. How to change the offender’s behaviour. How to protect society in the long term. Judge's Decision When deciding on a Sentence for a youth a judge will take into consideration: The youth’s role in the offence and the impact of the youth’s actions on the victim. Actions the youth has taken to accept responsibility and be accountable for their actions including any reparations made to the victim or community and any time spent in detention The youth’s previous involvement with the law. The youth’s circumstances that relate to the offence and their rehabilitation and reintegration. A pre-sentence report would contain information about the youth's behaviour, maturity, character, plans, conduct, as well as the results of interviews with the youth, their family and the victim. This would assist the court in determining how to change the offender’s behaviour and how to protect society in the long term.

Sentences The 7 most common… YCJA - Senior High Handout Sentences The 7 most common… Fine Community Service Compensation Restitution Probation Order Sentences There are 16 sentences available in youth court. The following are the 7 most common. Fine The court may impose a fine up to $1000 and specify a time the fine must be paid by. If the youth is unable to pay the fine, they may be able to work for "fine credits" through a fine option program. Community Service The youth may be required to perform up to 240 hours of community service over a 12 month period with an approved organization. Compensation The youth may also be required to compensate the victim for lost or damaged property, loss of income, or pay special damages for personal injury. Restitution The youth must return any property obtained as a result of their offence within a specified period of time. Probation Order The youth may be placed on probation for up to two years. While on probation, the youth must be of good behaviour and may be required to follow a curfew, continue employment, report to a parole officer, and remain within the jurisdiction. Conditions of parole may also designate where and with whom the youth may live and include other restrictions which may prevent the youth form re-offending. Intensive Support & Supervision Order This is an order which is made in cases where custody may be called for but is inappropriate due to the youth's circumstances and mental health. Close supervision is combined with an intensive behaviour modification program. Custody & Supervision Order This sentence involves a period of custody, for example at a young offenders centre, followed by a shorter period of supervision in the community under specific conditions. Intensive Support & Supervision Order Custody & Supervision Order

YCJA - Senior High Handout Sentences Other options for sentencing include: Reprimand Absolute Discharge Conditional Discharge Reimbursement of Innocent Purchaser Personal Service Prohibition Attendance Order Deferred Custody & Supervision Order Intensive Rehabilitative Custody and Supervision Order Sentences Continued Other sentencing options available to the court are: Reprimand Which is a strong warning issued by the judge. An Absolute Discharge Which is similar to a reprimand, but the youth may have a longer record. Conditional Discharge The youth is released with some conditions such as regularly reporting to a parole officer. Reimbursement of Innocent Purchaser After the youth returns stolen property to the original owner, they must also compensate the person that stolen property had been sold to for the amount they paid for it. Personal Service This is a type of victim compensation where the youth provides personal services to the victim to compensate for their loss, damages or injury. Prohibition The youth may be prohibited from possessing specific items such as firearm, or other weapons for a designated period of time which may exceed two years.. Attendance Order The youth may be required to attend a designated program for up to 240 hours over a six month period in order to address issues related to their offence and to help them change their behaviour. Deferred Custody & Supervision Order The youth serves their sentence, of up to six months, in the community with set conditions. If these conditions are not met the youth may be placed in custody. Intensive Rehabilitative Custody and Supervision Order With this sentence the youth is required to participate in an intensive rehabilitation program while in custody followed by conditional supervision in the community. This is used in cases of deadly and repeated violent offences where the youth may face mental health issues and where the program is expected to prevent a repeat offence.

YCJA - Senior High Handout Adult Sentences Adult sentences can apply to youth 14 and over for “presumptive” offences. Used only if a youth sentence would not be long enough to hold the youth accountable. Adult sentences are presumed for: Ist Degree Murder 2nd Degree Murder Manslaughter Aggravated Sexual Assault Attempted Murder Serious Violent Offences Adult sentences can apply to youth 14 and over for “presumptive” offences. Presumptive offences are offences where it is presumed the youth will be charged as an adult. Adult sentencing is only used if a youth sentence would not be long enough to hold the youth accountable. Adult sentences are presumed for: Ist Degree Murder 2nd Degree Murder Manslaughter Aggravated Sexual Assault Attempted Murder A Serious Violent Offence with at least 2 previously recorded serious violent offences

YCJA - Senior High Handout Publishing A young persons identity may not be published except when: The youth receives an adult sentence The youth is ‘at large’ in the community and may be a danger to others Publishing A young persons identity is protected under the YCJA by special provisions. Their identity may not be published except when: The youth receives an adult sentence The youth is ‘at large’ in the community and may be a danger to others

YCJA - Senior High Handout Records There are several types: Local Police Records Court Record Canadian Police Information Centre (C.P.I.C.) Involved Organization Records Records Records of youth involvement with the law are kept by local police when they come in contact with a youth, by the court as they record proceedings, and in the Canadian Police Information Centre (C.P.I.C.) which is where a youth criminal record is recorded. Other organizations the youth may be involved with such as a youth justice committee, treatment centre, or community service organization may keep their own records of youth involvement in their programs. Records may be kept for a designated period of time after which they must be deleted, destroyed or transferred to a special government archive. The period of time a record lasts varies depending upon the type of offence. There are three categories of offences: Summary convictions - $2000 or 6 months Indictable offences – More serious, elect type of trial (Judge+Jury) Hybrid offences – Could be either of the two above. The crown indicates how it would like the youth to be charged based on the severity or degree of the offence There are three categories of offences: Summary convictions - $2000 or 6 months custody Indictable offences – More serious, elect type of trial (Judge+Jury) Hybrid offences – Could be either of the two above. The crown indicates how it would like the youth to be charged based on the severity or degree of the offence

Youth Records How Long Do They Last? YCJA - Senior High Handout Youth Records How Long Do They Last? C.P.I.C. For a Summary Offence 3 years after completion of sentence For a Summary Offence, a record will last for 3 years after completion of sentence For an Indictable Offence, the record will last for 5 years after completion of sentence For an Indictable Offence 5 years after completion of sentence

Youth Records How Long Do They Last? YCJA - Senior High Handout Youth Records How Long Do They Last? 14 years old + 3 months Community Service +3 years (summary offence) = 17 years old 17 years old + 2 years Custody and Probation +5 years (indictable offence) = 24 years old Youth Records: How Long Do They Last? Examples This means that: A youth who receives a sentence of 3 months community service when they are 14, will have a record for three years after they complete their community service order. Their record will last until they are 17 years old A 17 year old youth who receives a 2 year custody and probation sentence, will have a record for five years after they complete their probation. Their record will last until they are 24 years old. If a person commits an offence as an adult before their youth record expires, their youth record will become a part of their adult record. An adult record will remain for their rest of their lives unless they are eligible for a pardon. An Adult Record Can Last Forever

Having a Youth Record Can Affect… YCJA - Senior High Handout Having a Youth Record Can Affect… Job Travel Court Having a Youth Record Can Affect… Your Job, your ability to Travel, and can affect your future appearances in Court Various jobs, professions, educational programs and volunteer organizations require you to give them a police security clearance or perform a vulnerable sector search before employment or entry into a program. You would need to apply for the search and sign a waiver to allow for this information to be released to the employer or volunteer organization. Information from the courts database, local police database, and CPIC database may be used in these searches and may reveal past and current convictions, extrajudicial sanctions, as well as upcoming court appearances. Canada shares its criminal record databases with other countries. Once your information is in a database in another country, iyou do not have any rights under Canadian law to have it removed. This means You may also be refused a visa to enter many countries or may need to apply for special permission to enter other countries, including the United States, even after your record has expired. For some countries this special permission costs several hundred dollars and can take in excess of six months to receive. As different countries have different regulations and may treat a youth record differently than an adult record, it is best to inquire at your nearest consulate or embassy before traveling with a record. If you have an active youth criminal record and are charged with an offence as an adult, your youth record automatically becomes part of your adult record and can be used in court. An adult record is permanent and can only be sealed by a successful application for a pardon.

YCJA - Senior High Handout #401, 10010 105 Street Edmonton, AB T5J 1C4 (780) 428-7590 http://www.johnhoward.org The Edmonton John Howard Society [no narration] Last Slide :Contact information